On August 14, 2023, the City Council amended the land use code to make two important changes to the design review program aimed at encouraging additional low income housing. The first change permanently exempts low income housing projects from the Design Review program while still allowing design departures that would result in additional housing. The second change to the land use code provides a new Design Review exemption for projects that meet Mandatory Housing Affordability (MHA) requirements by providing units on site (the performance option under the Land Use Code). The same set of departures available to low income housing projects are available to these performance projects.
Updated Liquefaction-Prone Area Map
SDCI has updated the Environmentally Critical Areas (ECA) Map for Liquefaction-Prone areas. Liquefaction occurs when loose, saturated soils lose their strength due to strong ground shaking (usually from earthquakes). Details of the update are described in Director’s Rule 2-2023, Update of ECA Liquefaction-Prone Areas Map, which was effective August 30, 2023. You can view the new liquefaction-prone ECA layer on our GIS map.
New Code Interpretation for Minimum Number of Plumbing Fixtures Reduction for Facilities Serving R-2 Amenity Areas
SDCI recently published a new 2018-SBC code interpretation, SBC 2902.1 Minimum Number of Fixtures Reduction for Facilities Serving R-2 Amenity Areas. This interpretation explains that SDCI will allow a 1 water closet and 1 lavatory reduction in the minimum number of fixtures required at plumbing facilities serving apartment building amenity spaces like lounges, fitness rooms, and roof decks when these spaces are only used by the building’s residents and their private guests.
Reminder: Seattle Code Implementation Delay
On May 24, 2023, the State Building Code Council (SBCC) held a special meeting to discuss the 9th Circuit that found the City of Berkley’s Energy Code violated federal preemption over state rules and a new lawsuit against the State Codes for a similar violation. In the new lawsuit, several organizations are seeking to prevent enforcement of the Washington State Energy Code’s ban on natural gas appliances that are regulated under the federal Energy Policy and Conservation Act (EPCA). The lawsuit was filed in U.S. District Court for the Eastern District of Washington.
The SBCC voted to delay implementing the 2021 Codes, through emergency rulemaking, for 120 days starting from June 30. This makes the State implementation date October 29, 2023.
Shoreline Master Program Moratorium on Replacing Vessels with Floating Residences
City Council passed Council Bill (CB) 120588 on June 13. CB 120588 imposes a six-month moratorium on the filing, acceptance, processing, and approval of applications to replace an existing vessel that has been certified as a floating on-water residence (FOWR). A FOWR is a category of floating residence created by state law in 2014. Since 2014, the number of FOWRs in Seattle has increased as has the potential for impacts to fish and wildlife habitat associated with increased size of over-water coverage and grey water discharges. CB 120588 also approves a work program for developing permanent regulations for FOWRs.
Fixing the Bricks: Director’s Rule Proposes Alternate Method for Retrofit of Unreinforced Masonry Buildings (URMs)
In June, SDCI conducted two public webinars on the draft Unreinforced Masonry (URM) Retrofit Technical Standard. This document is the first step in establishing minimum seismic standards for the earthquake retrofit of Seattle’s 1,100 vintage brick buildings which are prone to collapse in an earthquake due to lack of structural reinforcements. The draft URM Retrofit Technical Standard will inform the future mandatory retrofit ordinance. Be sure to check out the slides and recordings from these presentations.
To support building owners that are eager to begin the retrofit process, SDCI is moving forward with adopting components of the draft URM Retrofit Technical Standard with Director’s Rule 6-2023, Alternate Method for the Seismic Improvement of Unreinforced Masonry Buildings (URMs). The draft Director’s Rule is available now for public comment.
Deconstruction Incentive and How-to Salvage Video
Seattle Public Utilities (SPU) recently launched a pilot Deconstruction Incentive Program and is offering up to $4,000 per deconstruction project. The incentive program encourages building owners to deconstruct rather than outright demolish the building.
As a further incentive, Seattle City Light has agreed to fast track deconstruction projects for electrical disconnects. The monetary incentive and potential reduction in permitting timeline make taking on deconstruction more appealing. Deconstruction incentive funds are available through mid-2023.
June Publication Updates
We updated two Tips and published four Director’s Rules. The Director’s Rules include draft rules on tree protection and SEPA requirement exemptions.
Seattle Code Implementation Delay
On May 24, 2023, the State Building Code Council (SBCC) held a special meeting to discuss the 9th Circuit that found the City of Berkley’s Energy Code violated federal preemption over state rules and a new lawsuit against the State Codes for a similar violation. In the new lawsuit, several organizations are seeking to prevent enforcement of the Washington State Energy Code’s ban on natural gas appliances that are regulated under the federal Energy Policy and Conservation Act (EPCA). The lawsuit was filed in U.S. District Court for the Eastern District of Washington.
Fixing the Bricks: Upcoming Presentations of Proposed Minimum Seismic Standards for Unreinforced Masonry Buildings
After several years of collaborating with seismologists, geologists, and geotechnical and structural engineers, the Seattle Department of Construction and Inspections (SDCI) is sharing its draft Unreinforced Masonry (URM) Technical Standard. This document is the first step in establishing minimum seismic standards for the earthquake retrofit of Seattle’s 1,100 vintage brick buildings which are prone to collapse in an earthquake due to lack of structural reinforcements.
In 2021, an effort spearheaded by the Alliance for Safety, Affordability, and Preservation (ASAP!) and Councilmember Herbold resulted in the passing of Joint Resolution 32033. That resolution declared the intent of City Council and the Mayor to establish a mandatory retrofit program and directed SDCI to develop a retrofit standard. While a mandatory ordinance is still a few years away, this Technical Standard will serve as a voluntary option for URM owners wanting to retrofit their building. This Technical Standard will be used to develop a future mandatory retrofit ordinance.
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